State v. Walsh

Supreme Judicial Court of Maine

State v. Walsh

52 A. 904, 96 Me. 409, 1902 Me. LEXIS 80

CourtSupreme Judicial Court of Maine

DecidedApril 22, 1902

StatusPublished

Cited by1 cases

This text of 52 A. 904 (State v. Walsh) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Walsh, 52 A. 904, 96 Me. 409, 1902 Me. LEXIS 80 (Me. 1902).

Pincite

Opinion

Emery, J.

The respondent’s argument goes wholly to the warrant and the officer’s return upon the warrant.

In State v. Kyer, 84 Maine, 109, the demurrer was to the complaint and warrant; judgment was prayed for want of sufficient complaint and wai'rant. The court held that it could not go beyond the demurrer, into any parts of the process or proceedings not demurred to.

In his demurrer in this case the respondent names the complaint only as the object of the demurrer. Ho prays judgment for want of a sufficient complaint only.

The only question raised, therefore, is the sufficiency of the complaint. The respondent in his argument has not attacked the complaint. No defect in the complaint is pointed out and we see none.

Exceptions overruled.

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